A group of Republican senators sent a stern letter to the International Criminal Court (ICC), warning chief prosecutor Karim Khan over potential arrest warrants for Israeli Prime Minister Benjamin Netanyahu and other Israeli officials.

“The ICC has reportedly considered a warrant for Netanyahu’s arrest for weeks as accusations rise of war crimes in the Israel-Hamas war in Gaza,” The Hill reports.

“We write regarding the reports that the International Criminal Court (ICC) may be considering international arrest warrants against Prime Minister Benjamin Netanyahu and other Israeli officials. Such actions are illegitimate and lack legal basis, and if carried out will result in severe sanctions against you and your institution,” the letter read.

“The ICC is attempting to punish Israel for taking legitimate actions of self-defense against their Iranian-backed aggressors. In fact, in your own words, you witnessed ‘scenes of calculated cruelty’ conducted by Hamas in Israel following the October 7 attacks. These arrest warrants would align the ICC with the largest state sponsor of terrorism and its proxy. To be clear, there is no moral equivalence between Hamas’s terrorism and Israel’s justified response,” the letter continued.

“The United States will not tolerate politicized attacks by the ICC on our allies. Target Israel and we will target you. If you move forward with the measures indicated in the report, we will move to end all American support for the ICC, sanction your employees and associates, and bar you and your families from the United States. You have been warned,” it added.

The following Republican senators signed the letter:

  • Tom Cotton
  • Mitch McConnell
  • Marsha Blackburn
  • Katie Boyd Britt
  • Ted Budd
  • Kevin Cramer
  • Ted Cruz
  • Bill Hagerty
  • Pete Ricketts
  • Marco Rubio
  • Rick Scott
  • Tim Scott

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The Hill reports:

The letter, first reported by Zeteo, warns the ICC that the U.S. could invoke the American Service-Members’ Protection Act (ASPA) in any response to arrest warrants. The ASPA, signed into law in 2002, prohibits U.S. cooperation with the ICC and authorizes the president to take any action to prevent Americans or allies from being detained by the court.

Neither Israel nor the U.S. is a member of the ICC, though the Palestinian territories were given member status in 2015.

The Biden administration has stated it does not support an ICC war crimes investigation into Israel, but it has not commented on whether it would pursue sanctions against the court if Netanyahu or others are ordered arrested.

“We’ve been really clear about the ICC investigation. We do not support it. We don’t believe that they have the jurisdiction. And I’m just going to leave it there for now,” White House press secretary Karine Jean-Pierre said last week.

The Times of Israel noted:

Sens. Mitch McConnell (minority leader), Rick Scott, Tim Scott, Ted Cruz, and Marco Rubio also signed the letter, amid increasing concern in Israel that the UN court could issue arrest warrants for senior political and military officials over the nearly-seven-month-old war in Gaza, including against Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and IDF Chief of Staff Lt. Gen. Herzi Halevi.

As reports swirled of US and Israeli efforts to dissuade the court from issuing arrest orders, the ICC prosecutor said on Friday that, while the ICC “welcomes open communication” with government officials and non-governmental bodies alike, it will only engage in such dialogue so long as it is “consistent with its mandate under the Rome Statute to act independently and impartially.”

“That independence and impartiality are undermined, however, when individuals threaten to retaliate… should the office, in fulfillment of its mandate, make decisions about investigations or cases falling within its jurisdiction,” he added, demanding that “all attempts to impede, intimidate or improperly influence its officials cease immediately.”

 

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